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The Maryland Attorney General has asked the U.S. Supreme Court to review a decision last spring that a state law enacted to punish generic drug makers for price gouging was unconstitutional.

The law permitted the Maryland Medicaid program to notify the state attorney general when an “essential” drug rises in price by 50 percent or more within the preceding two years. In the event of an “unconscionable” price hike, the attorney general could go to court to seek penalties and, under certain circumstances, require a company to make its drug available to the public program at the previous price.

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